The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-19
for some further time under advisement.

transportation for q shorter than a longer
haul over the same line in the same direc-
tlon, under circumstances and conditions
substantially similar Congress in passing
the act must be understood to have deter
mined that any incidental injuries that
might flow from the enforcement of the gen
eral rule would be more than counterbal-
anced by the resulting benefit.
EXCEPTIONS CONTEMPLATED.
The commission, of course, does not ex-
pect TO question the correctness of this de-
termination, but to enforce it so far as 1t
may fall within its duty to do so. The act,
nevertheless, contempates that there may
be cases in which public interest may he
subserved by suspending the general rule
so far as to except such cases from its opera
tion. The commission will not at this time
enter upon a critical examination of the
provision which was made for such suspen-
sion, but it may be useful to call your atten-
tion to few considerations, which are OBJ
vious on the face of the law.
WHEN ENFORCEMENT is IMPERATIVE.
First. 1t is obvious that the cases the law
contemplates, in which the commission is
authorized to make orders for a suspension,
are exceptional cases, and that when only
general reasons operate the. general law
shall be left to its general course, however
serious may be the consequences, in particu-
lar cases and TO particular roads and inter
ests.
Second. Il is also made plain by the act
that any order for suspension was intended
to be based upon an investigation which
would satisfy the commission that the case
was in fact exceptional, and fairly within
the intent of the provision made for relief.
The jurisdiction of the commissson to make
orders was evidently meant to be somewhat
closely restricted.
AN ERRONEOUS NOTION.
A vague notion prevails in some quarters
that power has been conferred upon the
commission TO interfere anywhere and for
any reasons satisfactory to itself i'll order to
prevent what it may think is likely to be
harmful, but you, OF course, indulge in no
such baseless notion. The commission must
find its authority in the law and not in its
own ideas of right and policy.
Third. IL must be assumed that Congress
intended the general law, in its main feature
at least, to be permanent law for the coun-
try. It must therefore have contemplated
that considerable sacrifices would necessari-
ly be submitted to by some parties and in
terests while the general law was being es-
tablished, for the very obvious reason that
it would be quite impossible to introduce
considerable changes in the branch of the
law which concerns SO intimately the COM
merce of the country without serious conse-
quences to some private interest In all
such cases incidental injuries are necessar-
lily borne for the general good and If the Leg
islature misjudges as to what the general
good demands, it is to be expected that in
due time it will provide remedy.
Judge Cooley then calls attention to the
fact that the first question to confront the
commission after its organization was
raised under the fourth section of the law.
Appeals were made from all parts of the
country for relief from the operation of
ment would cause serious injury to private
and corporate interests, and even in some
cases would result in destruction or bank
ruptcy.
PROBABILITY OF INJURY.
In many cases, says Judge Cooley, the
appeals seemed to be made in the belief that
probability of injury was of itself sufficient
warrant for the commission to interfere and
grant a relieving order. 1t is scarcely
necessary to say that any such relief is
without legal support. A probability or
tions or individuals will result is not, by
itself, under the act, any ground for sus-
pension anywhere of its ordinary operations
ANOTHER EARLY QUESTION.
After showing that the power given TO the
commission to grant relief from the opera
tion of the fourth section was limited to
cases exceptional in their nature, and was
not meant to include all cases where the
fourth section would work injury, Judge
Cooley says the commission was early con-
fronted by another question, namely,
whether railroads might determine for them
selves, but at their peril, whether in any
particular case the circumstances and con-
ditions were SO far different as to justify a
greater charge for ashorter haul or whether,
on the other hand, it was only upon and in
view of such different circumstances and
conditions that the commission was enl-
powered to act.
STUDYING THE CONDITIONS.
Before deciding these questions Judge
Cooley says the commission felt itself justi-
fed if not compelled, to look beyond the
record and to seek such aid In construction
as might be derived from study of the con-
dition of things pertaining to the transpor-
tation of persons and property which Con-
gress by the act had undertaken to deal with.
Such an investigation necessarily involved
giving q hearing to interested parties, and
consequently required time The commits
sion, however, deemed it wise TO grant
some temporary order on an investigation
not as complete as it expected finally to
make.
WHY 1T WAS DONE.
This was done in the belief that no con-
siderable mischief could follow from allow
INK biit SAlSbLiB NOAhhiOAOil Vi bhAAhao w -
main for brief period when it is then suf-
fered TO stand or not, and that harmful re-
suits from sudden change in law might
thereby to some extent be averted. This
course also gave the commission such an
opportunity for careful study Of the system
which Congress undertook 10 reform as
would otherwise have been wanting. The
commission therefore deemed itself fully
justified in granting orders of temporary
suspension in some of the most obvious
cases and where special grounds forurgency
were shown, without first making an inves-
tigation or attempting final action, leaving
other cases, not thought TO be so strong on
the affirmative showing, to take more de-
liberate course.
A WISE COURSE.
This method of proceeding the commits
sion at the time believed had important adj
vantages, and il still believes will condace
the best results in the end. You speak
strongly and earnestly of the reasons Tor
granting your application, but in order 10
warrant is being granted 1t is not enough
that the application, If considered by itself,
appears to have merit The commission
must consider in each case what the effect
the giving of relief TO one applicant viii
have upon other interests, and your knowl-
edge Of railroad matters must enable you TO
perceive that in some sections OF the country
the granting Of one application may so affect
the Interests Of othor roads as TO create neC'es-
sity Tor like relief 10 several more, the salts
Ill. lm..s.. 1el4